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(영문) 수원지방법원 안양지원 2017.01.18 2016고정894

성폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant is a person subject to registration of personal information, whose judgment became final and conclusive on February 13, 2015, after having been sentenced to a stay of sentence of a fine of two million won due to forced indecent act, etc. by a Suwon Flag.

1. Where a person subject to registration of personal information not submitted changed personal information is changed, he/she shall submit the reason and details of the change to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date the reason and change occur

Nevertheless, even though the Defendant opened a private teaching institute with the trade name "C" in Guro-gu Seoul Metropolitan Government around December 11, 2015, the Defendant did not submit the above revised details and the reasons for such alteration to the head of the police office having jurisdiction over the domicile within 20 days thereafter.

2. A person subject to registration of personal information in absence of a police agency shall attend a police agency having jurisdiction over his/her domicile every one year from the date of the initial registration and have the head of a police agency take photographs of his/her permanent state, left-hand side, right-hand side, and telegraph, and keep them in electronic form.

Nevertheless, the Defendant failed to appear at the police office of the competent police without justifiable grounds even after one year from March 23, 2015, which was the first date of registration.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (attaching a report on the submission of modified personal information, etc.);

1. Reporting of the previous conviction of the disposition and results thereof;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 50(3)2 and Article 43(3)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter the same shall apply), Articles 50(3)3 and 43(4) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 201; hereinafter the same shall apply), the selection of fines, respectively, for the crime

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.